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Patna High Court

Dharmendra Rajbhar @ Dharmendra RaiversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court set aside the lower court’s refusal of bail and ordered the release of the appellants on bail, finding that the grounds for denial were not substantiated.

Summary

The appeal was filed by two accused under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of bail by the Special Judge in Buxar. The FIR alleged that the accused, armed with lathis, assaulted the complainant causing bleeding injuries and charges were framed under several sections of the Bharatiya Nyaya Sanhita and the SC/ST Act. The accused argued that the FIR did not specifically allege assault against them, that the injuries were simple, and that they had no prior criminal record, having been in judicial custody since 11 July 2025. The complainant’s counsel conceded the arguments of the accused. The Patna High Court, after considering the submissions, set aside the lower court’s order refusing bail and granted bail on condition of a bond and sureties, thereby allowing the appeal.

Issues considered

  • Whether the refusal of bail under the SC/ST Act was justified in view of the facts alleged in the FIR
  • Whether the FIR specifically charges the appellants with assault under the Bharatiya Nyaya Sanhita
  • Whether the nature of the injuries and the appellants’ lack of criminal antecedents warrant grant of bail

Legislation cited

Subjects

  • SC/ST Act
  • bail
  • assault
  • Bharatiya Nyaya Sanhita
  • high court appeal
  • scheduled castes
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.3374 of 2025
                       Arising Out of PS. Case No.-163 Year-2025 Thana- RAJPUR District- Buxar
                 ======================================================
           1.     Dharmendra Rajbhar @ Dharmendra Rai S/O Deena Rajbhar R/O Village-
                  Sauri, P.S.- Rajpur, District- Buxar
           2.    Sidharth Rajbhar @ Sidarat Rajbhar S/O Deena Rajbhar R/O Village- Sauri,
                 P.S.- Rajpur, District- Buxar

                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Irfan Nat S/O Mangal Nat R/O Village- Sauri, P.S.- Rajpur, District- Buxar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Om Prakash Upadhyay, Advocate
                 For the Complainant    :        Mr. Abhay Kumar Pandey, Advocate
                 For the Respondent/s   :        Mr. Binay Krishna, Spl.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

5   22-01-2026                 Heard learned counsel for the appellants, learned

                   counsel for the complainant and learned Spl. P.P. for the State.

                               2. This is an appeal under Scheduled Castes and

                   Scheduled Tribes (Prevention of Atrocities) Act, 1989

                   (hereinafter referred to as the “SC/ST Act”) against the refusal

                   of prayer for bail vide order dated 29.07.2025 in SC/ST P.T.

                   No.BRBU10P0006452025 passed by the learned 1st Additional

                   Sessions Judge-cum-Special Judge S.C./S.T. (POA) Act, Buxar

                   in connection with Rajpur P.S. Case No. 163 of 2025 registered

                   for the offences punishable under Sections 126(2), 115(2), 109,

                   49, 352, 351(2), 351(3) & 3(5) of the Bharatiya Nyaya Sanhita
Patna High Court CR. APP (SJ) No.3374 of 2025(5) dt.22-01-2026
                                             2/3




          and under Sections 3(1)(r)(s) and 3(2)(va) of the SC/ST Act.

                       3. The case of the prosecution, in short, is that the

          appellants along with others being armed with lathi danda

          started abusing the complainant. Vinod Rajbhar ordered to

          assault. On his order, Sanjay Rajbhar and Mithu Rajbhar

          assaulted with lathi due to which the complainant received

          bleeding injury on his head. It is further alleged that Dhananjay

          Rajbhar, Subhash Rajbhar and Ashok Rajbhar assaulted with

          lathi on the left hand and back of the complainant.

                       4. Learned counsel for the appellants submit that the

          from perusal of the FIR itself it is clear that there is no

          allegation of assault against these appellants. As far as abusing

          by caste name is concerned, the same is general and omnibus. It

          has further been submitted by the learned counsel for the

          appellants that the complainant has received simple injuries and

          the appellants are having no criminal antecedent. Learned

          counsel for the appellants has lastly submitted that the

          appellants are in judicial custody since 11.07.2025.

                        5. Learned counsel for the complainant is present and

          has conceded to the arguments of the learned counsel for the

          appellants.

                        6. In view of the submissions made by the learned
            Patna High Court CR. APP (SJ) No.3374 of 2025(5) dt.22-01-2026
                                                         3/3




                      counsel for the appellants, the order dated 29.07.2025 in SC/ST

                      P.T. No.BRBU10P0006452025 passed by the learned 1st

                      Additional Sessions Judge-cum-Special Judge S.C./S.T. (POA)

                      Act, Buxar in connection with Rajpur P.S. Case No. 163 of 2025

                      is hereby set aside and the appellants above-named, be released

                      on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten

                      Thousand) with two sureties of the like amount each to the

                      satisfaction of the learned court of 1st Additional Sessions

                      Judge-cum-Special Judge(SC/ST), Buxar in connection with

                      Rajpur P.S. Case No. 163 of 2025.

                                      7. Accordingly the appeal stands allowed.



                                             (Ashok Kumar Pandey, J)
durgesh/-

U      T


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